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HomeMy WebLinkAboutDraft_Ord_1298 Section Animals - April 2023Page 1 SECTION 1: A MEND MEN T “G -H ” of the Rexburg Development Code is hereby am ended as follows: A M E N D M E N T G -H Grade: For purposes of defining building height, grade shall be defined as a referenced plain representing the average of finished ground level adjoining the building at exterior w alls. Where the finished ground level slopes aw ay from the exterior walls, the referenced plane shall be established by the lowest points w ithin the area between the building and the lot line or, w here the lot line is more than six (6’) feet from the building, betw een the building and a point six (6’) feet from the building. For purposes of defining “sign height”, grade shall be defined as the average elevation of the parcel on w hich the sign is located. Grandfathered Use: A ny use of a building, structure or land which does not conform to the zoning regulations w here it is located, but is determined to have existed legally at the point in time that it came into existence. This usually occurs w hen such a use conformed to zoning regulations when it w as established, but became non-conforming due to a zoning change or annexation. This term does not apply to basic health and safety criteria w hich a structure may need to meet to be current w ith existing occupancy standards. (See section 3.3 Nonconform ing Uses and Buildings.) Page 2 Group Home for the Handicapped: A dw elling shared by eight (8) or less handicapped persons, including resident staff, w ho live together as a single housekeeping unit and in a long- term, family-like environment. (See Idaho Code 65-6731.) Health Department: R efers to D istrict 7 H ealth Department, w hich is a State A gency, administered at the County level responsible for certain review s and approvals. Health/R ecreation Facility: A n indoor facility including uses such as game courts, exercise equipment, locker rooms, Jacuzzi, and/or sauna and pro shop. Height (Building): The average vertical distance from the grade to the top of the horizontal building walls, and does not include gables or dormers. Dormers and gables are encouraged in order to create more architectural interest to a building. Height (of L ight): The height of a light shall be measured from grade to the lamp center or flat-lens surface, whichever is lower. Height (Tow er): When referring to a tower or like structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna. Height (Sign): The distance measured vertically from the finished elevation of the ground where the sign is placed to the highest point of the sign or sign structure, whichever is higher. Home Occupation: An accessory use of a dw elling unit or the accessory building for gainful employment w hich is clearly incidental and subordinate to the use of the dw elling unit as a residence. (See subsection 4.00.040.) Hospital: A n institution providing health service primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities, and staff offices that are an integral part of the facilities. Hotel: A facility offering transient lodging accommodations on a daily rate to the general public. A dditional services, such as restaurants, meeting rooms, and recreational facilities may be provided. Household Pet: Small domesticated animals including fish or fow l permitted in the house or yard and kept for company or pleasure, such as dogs, cats, rabbits, birds/fow l, and reptiles. canaries, parrots, parakeets, or goldfish. Under no circumstance shall more than five (5) mammals, birdsfow l, or reptiles be allowed at one time, except that direct offspring shall be allow ed for up to three (3) months. SECTION 2: A MEND MEN T “K -L” of the R exburg D evelopment Code is hereby am ended as follows: A M E N D M E N T K -L Kennel, Private: Any building, buildings or land designed or arranged for the care of dogs and cats belonging to the ow ner of the principal user, kept for the purposes of show, hunting, or as pets. Lamp: The generic term for an artificial light source, to be distinguished from the w hole assembly. Commonly referred to as “bulb”. Page 3 Landscaping: The area within the boundaries of a given lot/project that consists of planting materials, including but not limited to living trees, shrubs, ground covers, grass, flow ers, decorative rock, bark, mulch, and other similar materials. Large cobbles or river rock are not considered “decorative rock”. Landscaping must be maintained as in its original design and purpose. (See subsection 3.02.100.) Laundry, Self-Service: A business that provides home-type w ashing, drying, and/or ironing machines for hire to be used by customers on the premises. Lighting, Holiday: Strings of individual lamps, w here the lamps are at least three inches (3”) apart. (See section 3.6.) Lighting Plan: D ocuments specific to a project or development that describe the location and characteristics of all exterior lighting and the light levels in and adjacent to the property. The complete lighting unit, including the lamp, the fixture, and other parts. This also can include a photometric layout. Livestock, D omestic: A nimals such as horses, cattle, swine, sheep, goats, rabbits, and poultry, w hich can be kept for education, and/or food production for those who raise them. Lot: A piece or parcel of land separated from other pieces or parcels as show n on a recorded subdivision plat or by metes and bounds description for purposes of sale, lease, or separate use. A.Corner Lot: A lot w ith frontage on tw o (2) or more intersecting streets w here the interior angle of intersection does not exceed one-hundred-thirty-five (135°) degrees. Corner lots have two front yards and two side yards but no rear yard. B.Double Frontage Lot: A lot abutting two (2) parallel or approximately parallel streets. Double Frontage lots have two (2) front yards and tw o (2) side yards. C.Flag L ot: Lots or parcels that the City has approved w ith less frontage on a public street than is normally required, w ith no less than tw enty (20’) feet of accessible frontage, generally intended to make deeper property accessible. D.Interior Lot: A lot having but one (1) frontage abutting on a street. E.Substandard Lot: A lot or parcel of land that has less than the minimum area or width as established by the zone in which it is located. Such a lot shall have been of record as a legally created lot on the effective date of this ordinance. F.Through Lot: A lot that has a pair of opposite lot lines along tw o substantially parallel streets and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines. Lot Area: The total horizontal area within the lot lines of a lot. Lot Coverage: The area of a site covered by buildings or roofed areas and impervious surfaces. Lot Depth: The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line or to the most distant point on any other lot line w here there is no rear lot line. Page 4 Lot Layout Plan: A plan show ing w here the building will be placed in relation to the lot lines to determine compliance w ith the code requirements for single-family homes, duplexes and twin homes. Lot Line: The boundary line of a lot. A.Front L ot Line: The property line separating the front of the lot from the public right- of-w ay. B.Rear Lot L ine: The lot line opposite the front property line. Where the side property lines of a lot meet in a point, the rear property line shall be assumed to be a line not less than ten (10’) feet long, lying within the lot and parallel to the front property line. In the event that the front property line is a curved line, then the rear property line shall be assumed to be a line not less than ten (10’) feet long, lying w ithin the lot and parallel to a line tangent to the front property line at its midpoint. C.Side Lot Line: A ny lot line not a front or rear lot line. Lot of R ecord: A lot that is part of a subdivision, the plat of w hich has been recorded in the office of the Recorder of Madison County, Idaho, or any parcel of land, w hether or not part of a subdivision, that has been officially recorded by a size that met the minimum dimensions for lots in the district in w hich it w as located at the time of recording or was recorded prior to the effective date of zoning in the area w here the lot is located. Lot Width: The horizontal distance between side lot lines measured at the required front setback line. The w idth of a lot shall be: A.If the side property lines are parallel, the shortest distance between these side lines. B.If the side property lines are not parallel, the width of the lot shall be the length of a line at right angles to the axis of the lot at a distance equal to the front setback required for the zone in which the lot is located. The axis of a lot shall be a line joining the midpoints of the front and rear property lines. C.For rural acreage developments, the distance between the side lot lines, measured at the street frontage.